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(영문) 수원지방법원 성남지원 2018.04.19 2017고정1829
폭행
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant's face is between the victim C and the victim's face in a nearby area with a farmer's death, and there was a dispute over the problem of moving a flat name.

On June 4, 2017, the Defendant found the victim C (57 tax) of this vehicle in the 294-45 U.S., the Mag-gu, Mag-dong, Mag-dong, Mag-dong, Mag-dong, Sim-dong, Simnam-dong, and moved to the vehicle

The defendant saw that the injured party was moving his name to the defendant, and he saw that the injured party was seated in the driver's seat.

The defendant continued to take the head of the victim out of the vehicle into the head of the defendant, and took the face and body of the victim due to drinking and saliva.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. The witness C’s legal statement (the credibility of the witness C’s statement is recognized in a relatively consistent manner on the grounds, developments, contents, etc. of the assault from the police to this court)

1. Some statements made against the defendant during the police interrogation protocol;

1. As to the report of investigation (as to the statement of the victim);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted the grounds for the rejection of illegality of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, as the defendant and his defense counsel asserted that the damaged person merely supported the victim by his act of assault and assaulting the defendant's breath to the bottom to avoid illegal attack, and therefore, they constitute a legitimate defense or a legitimate act.

In light of the background of the case, the background of the record, the relationship between the defendant and the victim, etc., the victim unilaterally committed an illegal attack or the defendant protects himself from an illegal attack.

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